Tag: habeas corpus

December 12-14, 2023, opinions

December 15, 2023

Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions

December 6, 2023, opinions

December 7, 2023

Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), prisoner suit Affirming dismissal of Texas state … More December 6, 2023, opinions

December 5, 2023, opinions

December 6, 2023

Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), Smith, J., dissenting; criminal, sentencing, Armed Career Criminal Act, habeas corpus On defendant’s § 2255 motion, vacating sentence on conviction of possession of a firearm by a felon, and remanding for resentencing without the ACCA enhancement. On a 2011 charge for possession of a firearm by a … More December 5, 2023, opinions

December 4, 2023, opinions

December 5, 2023

Designated for publication Jones, J. (King, Jones, Duncan), maritime law Affirming the judgment on jury verdict that owner of one vessel involved in a river collision was not negligent; but vacating judgment that other vessel owner was negligent and captain was grossly negligent and remanding for new trial, based on holding that district court instructed … More December 4, 2023, opinions

November 27, 2023, opinions

November 28, 2023

Designated for publication Elrod, J. (Dennis, Elrod, Ho), Dennis, J., dissenting; mineral law Certifying to Louisiana Supreme Court question of whether Louisiana’s negotiorum gestio doctrine applies to Louisiana mineral law regarding the deduction of post-production costs from an unleased mineral-interest owner’s pro rata share of unit production. The same question was previously certified in Self … More November 27, 2023, opinions

November 9-10, 2023, opinions

November 13, 2023

Designated for publication Southwick, J. (King, Elrod, Southwick), Voting Rights Act Vacating district court’s preliminary injunction to enjoin Louisiana legislature’s 2022 congressional redistricting maps on the basis that the failure to create a second majority-Black district violated section 2 of the Voting Rights Act, and remanding for further proceedings to allow the legislature until January … More November 9-10, 2023, opinions

October 30-31, 2023, opinions

November 1, 2023

Designated for publication Higginson, J. (Smith, Higginson, Willett), habeas corpus Affirming denial of § 2254 petition challenging the sufficiency of evidence on his Louisiana conviction of juvenile molestation. Elrod, J. (Clement, Elrod, Willett), breach of fiduciary duty, offset Affirming damages award on breach of fiduciary duty claim by company against its former operations supervisor, but … More October 30-31, 2023, opinions

October 23, 2023, opinions

October 24, 2023

Designated for publication Southwick, J. (Stewart, Dennis, Southwick), habeas corpus Affirming district court judgment granting sec. 2241 petition on holding that Louisiana state prisoner had a state-created liberty interest in parole that had been granted under Louisiana law, in suit arising from rescission of that parole just prior to its effective date. The Court first … More October 23, 2023, opinions

October 19, 2023, opinions

October 23, 2023

Unpublished per curiam (Wiener, Stewart, Douglas), prisoner suit Affirming summary judgment dismissal of jail detainee’s § 1983 claims. per curiam (Stewart, Graves, Oldham), appellate jurisdiction Dismissing as frivolous appeal from 2012 summary judgment. per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing Affirming sentence on conviction of possessing a counterfeit mail key. per curiam (Higginbotham, Smith, Elrod), … More October 19, 2023, opinions

October 10-11, 2023, decisions

October 13, 2023

Designated for publication Clement, J. (Clement, Elrod, Willett), spoliation, trade secrets Affirming spoliation sanction of default judgment and damages award against spoliating defendant in suit alleging misappropriation of proprietary software code. Higginson, J. (Smith, Higginson, Willett), takings Reversing judgment that city violated Takings Clause when it refused to compensate a homeowner for damage to her … More October 10-11, 2023, decisions